Adm 92.01(26)(d)(d) A mobile home on a permanent foundation, or a mobile home which is not decent, safe and sanitary, and cannot be moved without substantial damage or unreasonable cost or there are no replacement sites to where it can be moved;

Adm 92.01(26)(e)(e) An interest other than under this subsection which is considered ownership by an agency or the department;

Adm 92.01(26)(f)(f) Has succeeded to any of the interests under this subsection by devise, bequest, inheritance or operation of law, except the tenure of ownership, not occupancy, of a succeeding owner shall include the tenure of a preceding owner.

Adm 92.01(27)(27) “Owner-occupant, residential”, means a person, who is the owner of a property being acquired and occupies a dwelling on the property as a primary residence.

Adm 92.01(28)(28) “Owner-occupant, business”, means a person who is an owner of a property being acquired, and is also the owner and operator of a business or farm operation which was conducted on the property for at least one year before initiation of negotiations to purchase the property or the date of vacation when given a notice of intent to acquire, whichever is earlier.

Adm 92.01(29)(29) “Person” means an individual, family, partnership, corporation, association, business or farm operation, or non profit organization under this chapter. Two or more persons who are tenants of the same dwelling shall be treated as one person.

Adm 92.01(30)(30) “Personal property” means tangible property located on real property but not acquired by an agency.

Adm 92.01(31)(31) “Prepaid expense” means an item paid in advance by a seller of real property and prorated between a seller and buyer at the time of closing on a property including property tax, insurance, assessment, fuel and utilities, and others.

Adm 92.01(32)(32) “Primary residence” means a dwelling occupied as a customary and usual place of residence but not a vacation dwelling. It is occupied by a person for a substantial period of time before initiation of negotiations. It is evidenced by place of voter registration, address on a tax return, mailing address, rent receipt, proximity to work, school, utility and phone bill or other evidence acceptable to an agency.

Adm 92.01(32m)(32m) “Public financial assistance” means direct funding received from a public entity. An authority which uses its own funds for a project is not receiving “public financial assistance.”

Adm 92.01(33)(a)(a) “Public project” means, in addition to a project being carried out directly by a public entity, an activity or program directly receiving public financial assistance including a grant, loan or contribution. Unless otherwise covered under federal relocation regulations, such assistance must be at least $25,000 in a project having total costs of less than $50,000 or at least 50% in a project having total costs of $50,000 or more, and involve one or more of the following activities:

Adm 92.01(33)(a)3.3. Demolition within a designated redevelopment or blight removal area established by formal local government action on or after April 2, 1989; or

Adm 92.01(33)(a)4.4. Another related public construction or improvement project receiving federal financial assistance covered under federal relocation regulation.

Adm 92.01(33)(b)(b) “Public project” does not include, among others:

Adm 92.01(33)(b)2.2. Any interest reduction payment or loan to an individual in connection with the purchase and occupancy of a property by the individual.

Adm 92.01(33)(b)3.3. Acquisition of property under tax foreclosure proceedings, provided a tenant-occupant is not displaced for a public project related to the acquisition;

Adm 92.01(33)(b)4.4. Direct acquisition by a federal agency carrying out a federal program or project;

Adm 92.01(33)(b)5.5. Demolition activity accomplished on a random basis if there is no planned public project for the property affected; or

Adm 92.01(33)(b)6.6. A private project which is able to proceed as a result of governmental zoning changes, variances or related actions.

Adm 92.01(34)(34) “Real property” means land and improvements on and to the land, estates in land, and fixtures or other personal property directly connected with the land.

Adm 92.01(35)(35) “Relocation payment” means a payment under this chapter, including actual moving expense, a fixed payment in lieu of actual moving expense, purchase, rental and interest differential payment, down payment assistance, and cost incidental to a purchase of replacement property. An agency may pay more than the minimum amounts under this chapter, provided the payments are uniform.

Adm 92.01(36)(36) “Relocation plan” means a document prepared by an agency and submitted to and approved by the department before any property acquisition activity begins. A plan describes the relocation assistance and payments to be provided, and indicates whether displaced persons can be satisfactorily relocated.

Adm 92.01(37)(37) “Searching expense payment” means a payment to a displaced business or farm operation, to compensate for actual and reasonable expense in locating a replacement business or farm operation.